Civil Sex Assault Claims

Civil vs Criminal Sex Assault Cases: What Survivors Should Know

A single act of sexual assault can give rise to both a criminal prosecution and a civil lawsuit. These are separate proceedings with different purposes, different parties, and different rules. Understanding how they interact helps survivors make informed decisions about how to seek accountability.

Who brings the case

A criminal case is brought by the state, through a district attorney or prosecutor. The survivor is a witness in the state's case, not a party. A civil case is brought by the survivor personally, through their own attorney. The survivor controls the litigation, chooses whether to settle, and receives any recovery.

What the case is trying to accomplish

A criminal prosecution seeks to punish the defendant, typically through imprisonment, fines, probation, or registration requirements. A civil case seeks to compensate the survivor for the harm done, through a monetary judgment. Civil cases can also result in injunctive relief in some contexts, but the primary remedy is financial.

The standard of proof is different

In a criminal case, the prosecution must prove the defendant's guilt beyond a reasonable doubt. This is the highest legal standard. In a civil case, the plaintiff must prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm. This is a substantially lower bar. As a result, a defendant who is acquitted in a criminal case can still be held liable in a civil case on the same facts.

Timing

Criminal and civil cases can proceed on parallel tracks or one after the other. In some cases, a civil case will be stayed while the criminal case is pending to avoid Fifth Amendment complications. In others, both cases move forward at once. A criminal conviction, if obtained, can be powerful evidence in a subsequent civil case.

Statutes of limitations

The deadlines for criminal prosecution and civil suit are set by different statutes and often differ significantly. New York has abolished the statute of limitations for many serious sex offenses in the criminal context, while civil deadlines vary by claim type. A criminal case being time-barred does not necessarily mean a civil case is, and vice versa.

Different defendants

A criminal case is brought only against the person accused of the crime. A civil case can be brought against multiple defendants, including institutions and third parties whose conduct enabled the abuse. This is often the largest strategic difference, because civil cases can reach beyond individual perpetrators to entities with the resources to pay a meaningful judgment.

Why survivors often pursue both

Criminal and civil cases serve different survivor interests. The criminal system focuses on public accountability and punishment. The civil system focuses on personal recovery and institutional accountability. Many survivors pursue both, either simultaneously or sequentially, to obtain the full measure of justice available.

At John J. Zidziunas & Associates, LLC, we represent survivors of sexual assault in civil actions across New York and New Jersey. To discuss your case confidentially, call us at (212) 516-1868 or contact us here. We represent survivors on a contingency fee basis with free consultations.

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